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I filed a return that a dependent's SSN on that return has…

I filed a return that...
I filed a return that a dependent's SSN on that return has already been used. It is a divorced woman that the child lives with her and the husband claimed the daughter on his return already. I have proof that the child lived with the mother. How can I fix this?
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Answered in 3 minutes by:
3/27/2018
Jessica B
Category: Family Law
Satisfied Customers: 1,652
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

I need some additional information to help answer your question. Are the parents divorced? If so, do they have a settlement agreement stating who claims the child on their tax return?

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Customer reply replied 3 months ago
I don't know if they are legally divorced. What are the options of both?
Customer reply replied 3 months ago
talk is fine
Customer reply replied 3 months ago
email me the results, thank you***@******.***

Ok, so if there is a settlement agreement, then that is the legal document the IRS is going to look to for who is allowed to report the child on their return. If there is no settlement agreement, then when both parents claim the exemption, the IRS will usually allow the exemption for the parent that the child lived with the most during the year.

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Customer reply replied 3 months ago
ok, the child lives with the mother

If one parent erroneously claims th child as a dependent, the Internal Revenue Code allows you to amend your tax return within three years of filing the original or within two years of paying the relevant tax, whichever is later.

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Jessica B
Category: Family Law
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Experience: Attorney at Donald B. Linsky & Associates, PA
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